Thomas Watkins Powell
(The present article is from a sketch of Judge Powell written by Hon. J. R. Hubbell.)
The ancestors of the subject of this memoir, both paternal and maternal, lived in South Wales, and they trace their lineage back among the Ancient Britons, to the Saxon invasion of Great Britain, in the Fifth Century of the Christian era. The names of Powell and Watkins can be found in the earliest year-books and literature of the Welsh people and adorn the brightest pages in the history of their country and race.
Thomas Watkin Powell, lawyer, legislator and author, and in his day widely known to his brethren of the bar, and literary circles, was born in Wales in the latter part of the year 1797. In the early part of the year 1801, his father, Watkin Powell, with his young family immigrated to America and settled in the upper part of the Mohawk Valley, in the State of New York. The name of his maternal grandfather was Watkins.
Utica at that time was a small village, compared with its present magnificence and grandeur, and the country around it was new, the population sparse, and as a matter of course, the means for the education of the young men of that day were limited. Young Thomas sought and obtained such an education as the opportunities afforded.
During the second war with Great Britain, then a mere youth, he drove his father's team with the baggage of a regiment, in the spring of 1813, to Sackett's Harbor, and entered the place at the close of the battle.
In September, 1814, he was appointed by the military authorities to a post of great trust and responsibility—the bearer of dispatches to Plattsburg; and at the close of that battle he entered the town with dispatches to General McCombes.
Thirst for knowledge was the ruling passion of young Powell's life, and after the War of 1812. for about two years he was favored with the privilege of attending an academy in Utica. where he studied and mastered such branches as are taught at such institutions, including the higher branches of mathematics, for which he had a taste, and great genius to excel.
It was ever with him a subject of regret, that his opportunities in early life to obtain a more thorough education were so limited, but such was the order of Providence. Had he been indulged in the natural bent of his mind, he would have devoted his life to literature. and undoubtedly acquired fame in the Republic of letters.
After he left the Academy he entered the law office of Charles M. Lee. Esq.. of Utica, as a law student, when about the age of 20. In the year 1819 he came to Ohio, and he passed his quarantine as a law student in the office of Hon. James W. Lathrop at Canton. In the year 1820 at Wooster, Ohio, he was duly licensed by the Supreme Court on the Circuit, to practice in the several courts of record of the State; and he immediately located at Perrysburg, on the Maumee. in the practice of the law. But the country being new and the business insufficient to occupy his time, he accepted both the offices of county auditor and prosecuting attorney of Wood County. At that time under the law, the county commissioners appointed the auditor, and the Common Pleas Court appointed the prosecuting attorney, and Mr. Powell held these two offices in Wood County for a period of 10 years consecutively.
In the discharge of his official and professional duties, he was prompt, and noted for his probity as well as his ability.
In the year 1830, the Maumee Valley not growing in population and not meeting with tlie commercial and business success that was anticipated by the first settlers, in order to obtain a wider field for the practice of his profession, he removed to Delaware, where he resided for more than 50 years, and until his death. He immediately entered upon a lucrative and extensive practice, and from the very outset, his business proved to he commensurate with his abilities and integrity. For more than 30 years, he was regarded by the bar in Delaware, and throughout the counties in Central Ohio, as a strong and successful lawyer. In special pleading and equity to which he devoted special attention he excelled. His industry was untiring both in his profession and as a student. Law. history and literature remained his constant attention, when not occupied with the cares and duties of his business, and pofessional engagements. He was noted for his zeal for his clients' interests and welfare, in both civil and criminal cases. Politic and intelligent his society was courted by his brother lawyers at the bar, and in whatever circle he entered he was always welcome.
Probably no lawyer in Ohio in assisting young men to the bar, did more or had more students than Mr. Powell. Among the lawyers who acquired celebrity in professional or political life, or both, we can name among his students. Hon. C. Sweetser, who was a successful lawyer and a member of Congress from 1849 to 1853; subsequently Edward Jones, Esq., who died young, and who at the time of his death was prosecuting attorney of Delaware County. Mr. Jones had acquired so much reputation as a lawyer and public speaker, that it was thought that if he had lived, he would have reached the very highest round in the ladder of fame. His brother, Hon. Thomas C. Jones, scarcely less distinguished, was both State Senator and Common Pleas and District Judge for 10 years. Hon. Royal T. Wheeler, Chief Justice of Texas, General J. S. Jones, a member of the Forty-fifth Congress, and others making a long roll, were among the number of his law students.
The bar in Central Ohio when Mr. Powell entered upon the practice in Delaware was distinguished for its ability. Gustavus Swan and Ovis Parish of Columbus, Ewing and Stanbury of Lancaster, William Sanbury of Newark, Delano and Curtis of Mt. Vernon, Godman and Bowen of Marion, Stewart and Bartly of Mansfield and others with whom he was frequently associated as co-counsel, or pitted against in the trial of causes, were able lawyers. In this brilliant array, Mr. Powell stood abreast with the foremost as an advocate and trial lawyer.
Painstaking and laborious in the preparation of his cases, he was never taken by surprise by his adversary in the trial of a cause. His earnest and persuasive style of elocution was entertaining and instructive, to both Court and jury. Punctilliously honest, he was the very soul of honor, and his earnest manner impressed the Court and jury with the sincerity of his convictions.
To his industry in his profession and letters, Mr. Powell added great enterprise in all matters of interest to the public. He projected and prosecuted to completion the improvements at the Sulphur Springs, at Delaware. known as the "Mansion House," which in its early history was a fashionable resort as a watering place; and which subsequently secured to Delaware, the "Ohio Wesleyan University." He built the flax-mills at Delaware, and thereby secured the extensive chair factory upon the same site, now known and patronized in every State in the Union; and by his enterprise and patronage, greatly aided in the establishment and success of the foundry and machine shops of that city. He had an exquisite taste for horticulture and the arts—especially architecture. His knowledge of the arts by study and cultivation, was of a high order.All his life he was free from very vice of dissipation. To billiards and cards he was a stranger.
Although he took a lively interest in public affairs he was never partisan. He believed in the brotherhood of man and sympathized with the afflicted, either in mind, body or estate—it made no difference to him whether the sufferer was white or black, degraded or virtuous, his hand was ever ready to extend him relief. His whole life was signalized with acts of charity, and he was never known "to turn the poor away unalmsed."
He was never a place seeker. The offices he filled so well were forced upon him. and accepted seemingly against his will. He filled many offices of trust both before and after he came to Delaware—prosecuting attorney, representative and Senator in the State Legislature. He was a member of the Constitutional Convention of '73 and for many years in the later part of his life he was county judge. The writer was a law student of Mr. Powell, and for several years occupied his office and knew him well. On two different occasions he could have been elected to Congress if he had given his consent to run. In 1840 he could have been elected, and again in 1846, but be would not consent to give up his lucrative professional practice for a seat in Congress. He thought the claims upon him of his young family were superior to the claims of his country, and at that time men seemed to be more honest than they do now, and no honest man then sought a seat in Congress for the purpose of making a fortune.
The period of bis legislative service was between the years of 1840 and 1847, and among his associates in the Legislature were Seabury Ford, of Granger, afterwards governor; William L. Perkins, of Lake; Kelly, of Geauga; Alfred Kelly, of Franklin; General Eckly, of Carrol; General Schouck and Governor Anderson, of Montgomery; Colonel Chambers and General Godard, of Muskingum; Judge B. F. Wade, of Washtabula; Hon. B. Stanton, of Logan, General Louis H. Godman, of Marion; Colonel John Cheny, of Fairfield; Judge B. S. Cowen, of Bellemont; General Samson Mason and General Charles Anthony, of Clark—some of whom had already and others subsequently acquired a national reputation in the councils of the Nation. In point of ability, Mr. Powell stood in the front rank, by the common consent of all.
He gave the profession in which he was so useful and an ornament, two books which are highly prized by the bench and bar, viz.: Powell's "Analysis of American Law" and a work on "Appellate Jurisdiction." The latter is a book much needed by both bench and bar. It is a work not previously embodied in the form of a separate treatise; the author, therefore, was in a great measure obliged to analyze the subject for himself and gather his materials in a path not previously pursued. It presents an important subject, holding an intimate relation to every thing connected with the trial of litigated cases—thus involving every interest in the law, and important principles in practice. It is a work every practicing lawyer should have in his library, and every student should read.
Mr. Powell's "Analysis of American Law" is a work of one volume, containing 724 pages, and has received the highest commendation of the ablest jurists of the country, among whom the writer begs leave to mention the late Thomas Ewing, who was recognized at the time of his death as the ablest lawyer in America and perhaps in the world. The writer has been recently shown an autograph letter from Mr. Ewing to Mr. Powell in which he says. "I have given your 'Analysis of American Law' such examination as time would permit, and am greatly satisfied with it. It is indeed a worthy contribution to our noble profession. During my professional career I have felt esprit de corps strongly, and I would at any time rather have been the acknowledged head of the bar than President of the United States. Your work encourages high aspiration-, resting on intellectual culture, and elevated morality, i thank you for it."
To the beginner in the study of the law. it is a most invaluable work, and cannot fail to occupy a most important place, in the course of preparation, for the practice of the law. Every student of Blackstone is constantly perplexed with doubts as to how much of it is applicable to our institutions, and is recognized as law, by our courts. Hence the necessity of some work that would bear the same relation to the laws of this country, that Blackstone's Commentaries do, to the laws of England, has long been felt. This want has been practically supplied by the lectures of Chancellor Kent of New York, Judge Tucker of Virginia, and Judge Walker of Ohio. The work of Chancellor Kent is too elaborate and profound a discussion of the principles of the common law, and international law, as well as the jurisprudence of the United States to be adapted to beginners in the study of law. Of all American works, the Analysis best answers the demand.
The author, in arranging this Analysis, followed the arrangement of Mr. Justice Blackstone, who followed the Analysis of Lord Hale, in his preface to Role's Abridgment. But it must be admitted that it is an improvement over the Commentaries of Blackstone.
The Commentaries are divided into four bonks: Rights of Persons, Rights of Things, Private Wrongs and Public Wrongs. This Analysis divides the whole body of the law into these four well known divisions: Public, Private, Civil and Criminal Law, which may well be considered, to be the division of law according to its natural order. The reasons for adopting this mode and division of the subject will be apparent to the reader by reference to the commencement of the First Book of this Analysis, and he will then see how naturally the law will fall into these four-fold divisions; and it is that which is the easiest to be followed in the study.
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It can be safely affirmed as a book for student, and beginner, and for our schools and colleges, it is the best that has been given to the legal profession by any American author.
The Hon. T. C. Jones, who was judge of the District and Common Pleas Courts for 10 years, said he "had found it the most convenient book for reference, for the proper statement of any elementary principle, or established rule of law, and in this respect of great utility to the intelligent citizen as well as to the law student and practitioner.
It is said the artful French diplomat Talleyrand used language to conceal his thoughts—such is not the language used by Mr. Powell in his books. He expresses his thoughts so clearly, they are readily understood by the intelligent student; nor is his composition freighted, like some old authors, with Norman, French and Latin quotations, and thereby, to be pedantic, made unintelligible to the average American student.
In early life his thoughtful mind was disciplined, and his diction formed by reading the best elementary authors, on the English common law. He was a life-long student in history, literature and belles-lettres; and he loved the black letter literature of the law. He wrote and spoke the language of a cultured lawyer, and it is the simplicity of his style that makes his books so entertaining to the readers.
Although Mr. Powell for more than 50 years had been engaged in collecting the material and facts for "The History of the Ancient Britons and their Descendants," it was only written during the years 1875, '76 and '77; and that arrangement for its publication was not made until 1880. The sight of the author at that time had become so impaired he was unable to examine proof sheets or make corrections of errors, and the publishers, in the printing and publication of the history, refused to take upon themselves any responsibility; the process of publication was slow, and the author could only make corrections of errors in the proof sheet by hearing it read by kind friends who volunteered to do so. The writer mentions this fact to show under what disadvantageous circumstances the history was published. But it was fortunate for him that defective vision was his only infirmity, for at that time his memory was good and his mind had lost but little of its maximum strength.
All people both barbarous and civilized in proportion to their intelligence entertain a sentiment of reverence for their ancestors, and this sentiment of veneration for the memory of his ancestors, the Ancient Britons, was a striking feature in the character of our author. Mr. Powell was a thorough Welshman, and as a descendant of the Ancient Britons, was proud of his race. If he had not been a believer in the brotherhood of man, he would have claimed for Wales, the claim of the Established Church, that Christ died for England.
Hume and other historians commenced their history with the Roman Invasion under Julius Caesar about 50 years before the Christian Era. Mr. Powell in his history goes back of the Roman period, more than five hundred years through a long and bewildered track of time. The author, as he said himself, produced this history under peculiar circumstances, for he left his native land, and came to America 80 years before its publication, and during that long life he lived on the border of a new country, and among a border people, who were always generous and kind to him; and still he never lost his love for his native land, nor his regard for the history of his ancestors. During that time in the midst of circumstances adverse to the study of history, and literature, and engaged in the profession of the law, with a vim to an active practice, and its study as a science, he did not neglect to devote what leisure time he could to the study of history; and especially that of his native land and people.
Toward the close of a long life thus devoted in the midst of an arduous profession, and more than the ordinary struggles, and conflicts in the battles of life, he resolved to put into the form of history, the ideas and knowledge he had collected on the subject, in his former hours of leisure and amusement.
This history contains information not to be found in any other one book. The author assumes for reasons which he makes clear, that the human family had a common origin, and that the Creator placed their cradle in some delightful place in the border of that great and fertile valley in Western Asia, watered by those rivers, so well known in connection with whatever is most venerable in antiquity—the Tigris and the Euphrates; and we may add, that aside from the authority of Moses in the Ancient Book of Genesis, the world has what is called the secular and profane history, to confirm this belief.
While the Bible is to be relied upon as a sound revelation as to things spiritual and religious—as to our knowledge of the true and living God, our duty to Him and ourselves, and to each other, it was not intended to teach us science, geology or chronology, and other things that are strictly secular matters, but even in these matters it is as much to be relied upon as ancient and profane history. We learn from Moses and his writings, that the inhabitants of the Earth after the flood have descended from Noah and his three sons and their families.
From the cradle of the human family in the Tigro-Euphrates Valley in Western Asia, Mr. Powell in his history traces the line known in history as the Cimri round the north coast of the Euxine Sea, into Western Europe, and across the British Channel into the Island of Great Britain. This history in its accuracy and research shows vast erudition. The curious student, anxious for information concerning the Celtic race, can have his curiosity gratified by the perusal of the instructive pages of this "History of the Ancient Britons, and their Descendants."
In 1830, about the time of his removal to Delaware, Mr. Powell was married to Miss Elizabeth Gordon, a most estimable lady who like himself had literary tastes and accomplishments. He survived his wife only a few years. By this marriage five children survive their parents, two daughters and three sons. The oldest daughter is the wife of Dr. Stambaugh, of California. The youngest daughter, Miss Hellena Powell, is the proprietress and occupant of the old Powell Homestead in Delaware.
Of the three sons, General Eugene Powell was the oldest. He raised for the Fourth Regiment, O. V. I., a company which was one of the very first in the war of the Great Rebellion, and rose to the rank and title of brigadier-general at the close of the war. Another son is Dr. Llewellen Powell and resides in Delaware. The youngest son is Hon. T. P. Powell, a leading lawyer and practitioner in Columbus, Ohio.
Another daughter, Miss Annie, married T. H. Ricketts, Esq., law partner of his brother-in-law, Hon. T. E. Powell, of Columbus, Ohio, but died soon after her marriage. The youngest daughter of this family was Mary, a mosl beautiful and promising Miss, who died when about 12 years of age.
On the 12th day of December. A. D., 1882, in the 80th year of his age, this venerated sage and patriot, without an enemy in the world, seemingly without pain, passed to his final rest, greatly lamented by all who knew him.
From 20th Century History of Delaware County, Ohio, and Representative Citizens, Edited and compiled by James R. Lytle, Delaware, Ohio, Biographical Publishing Co., Chicago, 1908
Judge Thomas Watkins Powell was born in South Wales, September, 1797, and died December 12, 1882, in Delaware, Ohio, at the advanced age of eighty-five years. His father, in the year 1801, immigrated to America and settled in Utica, in the State of New York. He sought and obtained such an education as his opportunities afforded. But the War of 181 2 with Great Britain soon began, and during that war he drove his father's team with the baggage of a regiment to Sacket's Harbor in the spring of 1813, and entered that place at the close of the battle. In the year 1814 be was appointed to a post of great trust, by the military authorities—the bearer of dispatches to Plattsburg, and at the close of the battle entered the town with dispatches to General McCombs. He attended an academy for two years where he studied and mastered such branches as were then taught at such institutions, including the higher branches of mathematics, for which he had a taste and genius to excel. It was ever with him a subject of great regret that his opportunities in early life to obtain a thorough education had been so limited. Could he have been indulged in the natural bent of his mind he would have excelled in literature as an author. After he left the academy he entered the law office of Charles M. Lee. of Utica, when about the age of twenty, and in the year 1819, came to Ohio and passed his quarantine in the law office of Hon. James W. Lathrop, of Canton, Ohio. In the year 1820 he was admitted to the Bar by the Supreme Court on the circuit at Wooster, Ohio. He immediately located in Perrysburg. on the Maumee River, and began the practice of the law. He was soon made prosecuting attorney and afterward county auditor of Wood County. He remained in Wood County until the year 1830, when he removed to Delaware, Ohio, where he remained in active practice for more than fifty years. He was always regarded by the profession in Delaware and throughout the counties in central Ohio as an able and successful lawyer. In special and equity pleading, to which he devoted particular attention, he excelled. He was ever noted for his zeal for his client's interest and welfare in all his practice. Polite and intelligent, his society was courted by his brethren of the bar and in whatever circle he entered his presence . was always welcome. Probably no lawyer did more in assisting young men at the bar, and no one had more law students than did Judge Powell. Among the many men of note who studied in his office was Hon. Charles Sweetser, Edward Jones, Hon. Thomas C. Jones, Hon. Royal T. Wheeler, afterwards chief justice of Texas. Gen. J. S. Jones and many others. In addition to his industry in his profession, Judge Powell added great enterprise in all matters of interest to the public. He projected and prosecuted to its completion the "Mansion House" at the Sulphur Springs, which in its early history was famous as a fashionable resort and which subsequently secured to Delaware the Ohio Wesleyan University. He laid out and had platted one of the largest additions to the town (now city) of Delaware. He built the flax mills and was interested in many other projects to benefit the city. Though not a seeker of place, he filled many of the most responsible offices in the gift of the people. He was first elected and served as prosecuting attorney of this county. He was elected to the General Assembly or House of Representatives of Ohio and served for the years 1841 and 1842. He was elected to the Ohio State Senate, from the Delaware District which was at that time composed of Delaware and Crawford Counties and served during the years 1844 and 1845. He was elected probate judge of Delaware County in the year 1862 and held the office for eight years. He was also a member of the Third Constitutional Convention of Ohio which met in Columbus, Ohio, in May, 1873, and he was considered one of the most prominent and useful members. Notwithstanding he was always a very busy man in his practice, he gave to the profession of his choice, two books which were much needed and which are highly prized and much used by the courts and liar, viz., "Powell's Analysis of American Law" and "Appellate Jurisdiction." He has also written a "History of the Ancient Britains," and a book entitled "What is Knowledge." He was always an untiring worker and though almost blind in the latter years of his life, he never ceased to write until the final call came when it was said to him, "Well done thou good and faithful servant. Thou hast been faithful over a few things," etc.
From 20th Century History of Delaware County, Ohio, and Representative Citizens, Edited and compiled by James R. Lytle, Delaware, Ohio, Biographical Publishing Co., Chicago, 1908